A human rights-based approach to combating corruption in Malawi

Abstract

Since the introduction of multi-party democracy in Malawi, corruption has remained a significant challenge, undermining governance and development. Despite legal reforms, such as the Corrupt Practices Act and the establishment of the Anti-Corruption Bureau (ACB) to combat corruption, the situation has deteriorated. Corruption threatens economic growth and exacerbates human rights violations by fostering an environment where inequality and injustice flourish. Further, corruption disproportionally affects the poor in the society. Although Malawi is a state party to various international and regional treaties on human rights and anti-corruption, it has seldom adopted a human rights-based approach in its anti-corruption strategies. A human rights-based approach to combating corruption ensures citizens are actively engaged in decision-making processes, promoting greater participation and inclusion. This approach highlights the principles of accountability, rule of law, equality, and non-discrimination, which are vital in preventing corruption and addressing its consequences. By linking corruption to violations of human rights, this methodology bolsters efforts to hold duty bearers accountable for their actions. Various strategies can be adopted within this approach. Victims of corruption ought to be compensated, ensuring that those harmed by corrupt practices receive proper redress. Blacklisting companies engaged in corrupt activities may deter corporate wrongdoing. Civil Society Organisations (CSOs) and individuals should actively monitor public officials and report misconduct. Law enforcement agencies and courts must incorporate human rights considerations into their management of corruption cases, ensuring that justice is delivered fairly and effectively. Malawi can enhance its anti-corruption framework and promote a more fair and accountable society by taking a human rights-based approach.